In addition to slamming the economy and claiming lives, it appears the coronavirus is also claiming marriages. In China, New York and elsewhere, there has been a substantial increase in filings and inquiries to attorneys from folks seeking divorce since the lockdowns and shelter-in-place orders. Being isolated in forced togetherness…
For many divorcing couples, one of the larger and more important assets is often retirement benefits. To the extent the pension or other retirement asset was earned during the marriage it is community property and subject to division in the divorce, while whatever portion was earned before the marriage of…
One of the many issues that often come up in California divorce cases is what to do with the family home. The state’s Fourth District Court of Appeal recently explained that a spouse who uses his or her separate money to help purchase the property is entitled to be compensated…
First there’s the bachelor/bachelorette party, the invitations, engagement party and then rehearsal dinner. Some folks, generally those with more money than brains, even hire a photographer for the engagement. Then the big day itself, along with the requisite photo booth, seemingly a necessity these days. And of course, even a…
Divorcing spouses who take their cases to court generally have the right to appeal a decision that they don’t like, although appellate courts usually give trial judges much discretion in weighing the facts and applying the law in each case. Appellate also operate under strict deadlines that can deprive you…
Separating and divorcing parents must always address issues regarding the custody and visitation of their minor children. And sometimes this also includes the grandparents. California law also gives grandparents the right to spend time with their grandkids under certain circumstances. As the state’s Third District Court of Appeals recently explained,…
A Canadian judge recently expressed his frustration with a couple who spent over $500,000 on a bitter child custody battle. “How did this happen?” asked exasperated Ontario Superior Court Justice Alex Pazaratz. “How does this keep happening? What will it take to convince angry parents that nasty and aggressive litigation…
Marriage of Burmester highlights the disastrous consequences that can result from poorly worded or structured child support agreements and orders. Shortly before Husband and Wife divorced in 1999, they entered into a marital settlement agreement / court order resolving support, property division, and other issues related to the dissolution. Husband…
Once upon a time, back in the 50’s/60’s when divorce was considered somewhat shameful and there were few of the wonderful, wise and supportive divorce professionals that, with some effort, can be found these days, Bill and Helen divorced. It was a long, drawn out, torturous divorce that ended badly…
Divorce can result in several tax issues, including which parent will claim the child-related tax breaks. Sometimes, but not always, it is the parent that claims the child as a dependent. Dependency Exemption For tax purposes, the parent who has custody for the greater part of the year, ie more…